WACO CITY COUNCIL MEETING TUESDAY, NOVEMBER 20, 2012 3:00 P.M. and 6:00 P.M. BOSQUE THEATER WACO CONVENTION CENTER 100 Washington Avenue Waco, Texas We would like to WELCOME each of you to the meeting today. Persons with disabilities who plan to attend this meeting and who may need auxiliary aides or services should contact Patricia W. Ervin, City Secretary, at (254) 750-5750 at least twenty-four (24) hours before this meeting so that appropriate arrangements can be made. The Waco City Council may convene into an Executive Session at anytime during the course of the meeting to discuss appropriate items. Times indicated are estimated. WORK SESSION Est. Time Review of Business Session Agenda 3:00p.m. A. WS-556 Discussion on the Purchasing Process and Local Vendor Involvement. B. WS-557 Presentation on Solid Waste Services Scrap Tire Abatement Program. C. WS-558 Discussion concerning the plans for design and construction of Fire Station #7. 3:15p.m. 3:45p.m. 4:15p.m. D. WS-559 Council Requests for Scheduling of Future Agenda Items. 4:45p.m.
Page 2 EXECUTIVE SESSION DECORDOVA ROOM 5:00p.m. Notice is hereby given that the City Council will go into Executive Session in accordance with the following provisions: 1. Attorney Briefings (Texas Open Meetings Act Sec. 551.071): potential code enforcement litigation re: 1701 N. 15 th Street, Waco, Texas; 2. Real Property (Texas Open Meetings Act Sec. 551.072); 3. Economic Development (Texas Open Meetings Act Sec. 551.087); and 4. Personnel (Texas Open Meetings Act Sec. 551.074): a. City Manager Larry Groth; b. City Secretary Patricia Ervin; c. City Attorney Jennifer Richie; and d. Municipal Judge Christopher Taylor. The City Council may go into Executive Session on any item listed on the Agenda in accordance with Chapter 551 of the Government Code.
Page 3 BUSINESS SESSION BOSQUE THEATER 6:00 p.m. PLEDGE OF ALLEGIANCE MINUTES 1. MIN-560 Work Session November 2, 2012 2. MIN-561 Work/Business Session November 6, 2012 PROCLAMATIONS 3. PRO-562 Proclaim: as Lake Air Waco Lions Day PUBLIC HEARINGS 4. PH-563 Conduct a public hearing on a resolution to disapprove until all platting requirements are met by the applicant the following subdivision plat, as recommended by the City Plan Commission: (1) ETJ-Final Plat of the Richardson and Hodde Addition, Lot 1, Block 1. 7-0 DISAPPROVAL STAFF RECOMMENDATION: DISAPPROVAL MOTION ON RESOLUTION
Page 4 5. PH-564 Conduct a public hearing on a resolution to approve a request for a variance to the Waco Subdivision Ordinance to delete the requirement to connect to a public sewer line, at the expense of the subdivider of the property, if the lot is less than one-half (1/2) acre in size. (Final Plat of the Richardson and Hodde Addition, Lot 1, Block 1). 7-0 APPROVED MOTION ON RESOLUTION 6. PH-565 Conduct a public hearing on an ordinance to abandon various streets and alleys between Waco Drive and Barnard Avenue and between N. 12 th and N. 15 th Streets, including N. 14 th Street, a portion of N. 13 th Street, and a portion of Jefferson Avenue, the alley between Waco Drive, Jefferson Avenue, and North 14 th Street, and two alleys between Jefferson Avenue, Barnard Avenue, N. 15 th Street and N. 12 th Street, and the abandonment of a portion of Barnard Avenue between N. 12 th and N. 15 th Streets and a portion of N. 12 th Street between Jefferson Avenue and Barnard Avenue, in the City of Waco, McLennan County, Texas. (ABD-12-5 City of Waco) FIRST READING 7. PH-566 Conduct a public hearing on an ordinance to abandon DeShong Smith Street between Paul Quinn Avenue and Renick Avenue, in the City of Waco, McLennan County, Texas. (ABD-12-6 Waco ISD) FIRST READING
Page 5 8. PH-567 Conduct a public hearing on an ordinance to abandon a 15 sanitary sewer and drainage easement on 1619 Austin Avenue, in the City of Waco, McLennan County, Texas. (ABD-12-7 Gary & Connie Woodson) FIRST READING 9. PH-568 Conduct a public hearing on an ordinance designating as a historic landmark property described as Lot 16, Block 9, Farm Lot 21, known as 1425 Columbus Avenue. (H-12-1 Robert Turnmire) FIRST READING 10. PH-569 Conduct a public hearing on an ordinance to rezone from R-1B to R-3B on property described as D.R. Gurley Tract, Block 1, Lot A14, known as 2700 S. 2 nd Street, and Lot 15, known as 2704 S. 2 nd Street. (Case #Z-12-25 Maristel, Ltd.) FIRST READING 11. PH-570 Conduct a public hearing on an ordinance to rezone from R-1B to R-3B on property described as Lots 11, A12, A3 & D3, Block A, B. Alexander Tract, known as 2421 S. 3 rd Street. (Case #Z-12-26 Maristel, Ltd.) FIRST READING
Page 6 12. PH-571 Conduct a public hearing on an ordinance to change the Comprehensive Plan land use designation from Service Commercial to Commercial and Office and to rezone from R-1B to C-3 the property described as Lots R&N, Block 10, Riddle Addition, known as 1017 & 1029 N. Loop Drive. (Case #Z-12-27 W.H. Anderson/Skyway Holding) FIRST READING 13. PH-572 Conduct a public hearing on an ordinance to change the Comprehensive Plan land use designation from Service Commercial to Commercial and Office on property described as Lot 2, Block 1, Telly Addition, known as 2901 Franklin Avenue; Lot 1, Block 1, Telly Addition and Lot 3C, Block 4A, J.W. Mann Addition, known as 2905 Franklin Avenue; Lots 1B, 2B & 3B, Block 4A, J.W. Mann Addition, known as 2925 Franklin Avenue; and Lots C6 & C7, Block 4A, J.W. Mann Addition, known as 111 S. 29 th Street; and from Service Commercial to Low Density Residential on property described as Lots 1A, 1C, 2A, 2C, 3A, & 3D, Block 41, J.W. Mann Addition, known as 2920 Austin Avenue; rear portion of Lot A, Block 4A, J.W. Mann Addition, known as 2912 Austin Avenue; and rear portion of Lot 1, Block 1, Gately Addition, known as 2900 Austin Avenue; and to rezone from M-2 to C-2 the property described as Lot 2 and a portion of Lot 1, Block 1, Telly Addition, known as 2901 & 2905 Franklin Avenue. (Case #Z-12-29 Vannoy & Associates, Inc. and City of Waco) FIRST READING Hearing of any visitor concerning City business.
Page 7 CONSENT AGENDA Consider consent agenda. Agenda Numbers RES-573 through RES-584 require no formal public hearing and are subject to being approved in a single motion. However, any City Council Member or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. RESOLUTIONS AGREEMENTS/CONTRACTS 14. RES-573 Consider approval of a resolution approving a contract amendment to the engineering services contract with the Wallace Group, Waco, Texas for engineering services related to Landfill 948-A to decrease the contract price by $122,638.39 so that the total does not exceed $442,391.61; and authorizing the City Manager to execute necessary documents. 15. RES-574 Consider approval of a resolution authorizing a Right of Way Use License Agreement with CVMS Waco Data Partners, LLC to permit conduit and cable to be located in Austin Avenue for a term of six years at a fee of $1.17 per linear foot per year and providing for a 4% fee increase each year, and authorizing the City Manager to execute all documents necessary to complete this transaction. 16. RES-575 Consider approval of a resolution authorizing the City Manager to negotiate and execute a Developer Participation Contract with Baylor University, Waco, Texas for the construction of public improvements (a 24 inch water line located along Loop 574), with the City of Waco to participate in the cost of the project in an amount not exceeding $477,873.00. BIDS/PURCHASES 17. RES-576 Consider approval of a resolution awarding a contract to ARC Abatement I Ltd., Waco, Texas, lowest responsible bidder, for the asbestos abatement, demolition and legal disposal of materials from the former R.L. Smith School (409 Turner St.) in an amount not to exceed $134,891.00; and authorizing the City Manager to execute all documents necessary to complete this transaction.
Page 8 18. RES-577 Consider approval of a resolution awarding twenty-four month material supply contracts (with the option to extend for an additional 12 months) for Asphalt and Concrete materials to Knife River, Waco, TX, Ratliff Ready Mix, Waco, TX, APAC-Texas Inc., Waco, TX, H&B Contractors, Inc., McGregor, TX and Big Creek Construction, LTD, Hewitt, TX, lowest responsible bidders for materials depending on availability at the time the product is needed, authorizing the City Manager to make purchases under the contracts in an amount not to exceed $175,000.00 during FY2012-2013, and authorizing the City Manager to execute all documents necessary to complete this transaction. 19. RES-578 Consider approval of a resolution awarding twenty-four month material supply contracts (with the option to extend for an additional 12 months) for Sand, Gravel, Topsoil and Fill Dirt materials to Superior Crushed Stone, LC, Jarrell, TX, H&B Contractors, Inc., McGregor, TX, Barnett Contracting, Inc., Waco, TX, Conners Construction Co., Inc., Lott, TX and Trinity Materials Inc., Ferris, TX, lowest responsible bidders for materials depending on availability at the time the product is needed and authorizing the City Manager to make purchases under the contracts in an amount not to exceed $125,000.00 during FY2012-2013, and authorizing the City Manager to execute all documents necessary to complete this transaction. 20. RES-579 Consider approval of a resolution authorizing the award of a contract to Barnett Contractors, Inc., Waco, Texas, lowest responsible bidder, for water improvements by a private developer, Waco PRC Development, L.L.C., for Chapel Ridge Addition, Phase 1, in an amount not to exceed $169,014.50; and authorizing the City Manager to execute a contract with Waco PRC Development, L.L.C. for partial refund of such improvements on a timely basis, in an amount not to exceed $144,264.50. 21. RES-580 Consider approval of a resolution awarding a contract to H&B Contractors, Inc., Waco, Texas, lowest responsible bidder, for the 16 th & Austin Sewer Reroute Project, in an amount not to exceed $228,223.45; and authorizing the City Manager to execute all documents necessary to complete this transaction. CITY OPERATIONS 22. RES-581 Consider approval of a resolution canceling the regularly scheduled City Council meeting of January 1, 2013.
Page 9 23. RES-582 Consider approval of a resolution determining that a public necessity exists for the acquisition of construction and permanent easements located on sixty two separate tracts of real property required for the relocation of the water and sewer utilities within the FM 1637 Corridor, Sections A (from Flat Rock Road to Wortham Bend Road) and C (from Steinbeck Bend to Gary Lane), in preparation of the 2014 letting of the TxDOT road widening project; authorizing the City Manager to make offers for the acquisition of easements required for the project and to expend an aggregate amount not to exceed $775,000.00 to acquire the said easements; establishing certain procedures for acquisition; and authorizing the City Manager to execute all documents necessary to acquire the easements needed for the project. 24. RES-583 Consider approval of a resolution to amend the Sale of City-Owned Property Policy. 25. RES-584 Consider approval of a resolution for Waco Transit to continue participation in the Texas Municipal League Intergovernmental Risk Pool for the purchase of automobile, comprehensive physical damage, general liability, and worker s compensation insurance for FY2012-2013, in an annual amount not to exceed $185,166.00. ORDINANCES 26. ORD-585 Consider approval of an ordinance amending Chapter 27, Vehicles for Hire of the Code of Ordinances of the City of Waco, McLennan County, Texas, to establish administrative regulations for owning, operating, or controlling taxicabs, limousines, and shuttle vehicles used for carrying passengers for hire within the City of Waco. SECOND READING 27. ORD-586 Consider approval of an ordinance amending Section 18-87, in Chapter 18, Personnel, of the Code of Ordinances of the City of Waco, Texas to provide for field training assignment pay for Grade I, Grade II, Grade III and Field Training Coordinators. SECOND READING 28. ORD-587 Consider approval of an ordinance amending Chapter 5, Animals of the Code of Ordinances of the City of Waco, McLennan County, Texas, repealing section 5-31 Creation of the Animal Grievance Board, and combining the duties of the Animal Grievance Board with the Animal Welfare Advisory Board. SECOND READING
Page 10 COUNCIL REPORTS AND ANNOUNCEMENTS Committee Reports from Council Members. It is the opinion of the City Attorney s Office that this meeting is being held and conducted in accordance with Chapter 551 of the Texas Government Code. Jennifer Richie, City Attorney